7 LONG TITLE
8 General Description:
9 This bill amends provisions of Title 76, Chapter 10, Part 5, Weapons, related to conduct
10 involving the carrying of a concealed firearm.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides an exemption for a person, who is 21 years of age or older and who may
14 lawfully possess a firearm, from certain criminal provisions related to the carrying
15 of an unloaded concealed firearm.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 76-10-505, as last amended by Laws of Utah 2009, Chapter 362
23 76-10-505.5, as last amended by Laws of Utah 2013, Chapter 301
24 76-10-523, as last amended by Laws of Utah 2014, Chapter 248
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 76-10-505 is amended to read:
28 76-10-505. Carrying loaded firearm in vehicle or on street.
29 (1) Unless otherwise authorized by law, a person may not carry a loaded firearm:
30 (a) in or on a vehicle, unless:
31 (i) the vehicle is in the person's lawful possession; or
32 (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person
33 lawfully in possession of the vehicle;
34 (b) on a public street; or
35 (c) in a posted prohibited area.
36 (2) Subsection (1)(a) does not apply to a minor under 18 years of age, since a minor
37 under 18 years of age may not carry a loaded firearm in or on a vehicle.
38 (3) Notwithstanding [
39 76-10-523(3), a person may not possess a loaded rifle, shotgun, or muzzle-loading rifle in a
41 (4) A violation of this section is a class B misdemeanor.
42 Section 2. Section 76-10-505.5 is amended to read:
43 76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on
44 or about school premises -- Penalties.
45 (1) As used in this section, "on or about school premises" means:
46 (a) (i) in a public or private elementary or secondary school; or
47 (ii) on the grounds of any of those schools;
48 (b) (i) in a public or private institution of higher education; or
49 (ii) on the grounds of a public or private institution of higher education; and
50 (iii) (A) inside the building where a preschool or child care is being held, if the entire
51 building is being used for the operation of the preschool or child care; or
52 (B) if only a portion of a building is being used to operate a preschool or child care, in
53 that room or rooms where the preschool or child care operation is being held.
54 (2) A person may not possess any dangerous weapon, firearm, or [
55 sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person
56 knows, or has reasonable cause to believe, is on or about school premises as defined in this
58 (3) (a) Possession of a dangerous weapon on or about school premises is a class B
60 (b) Possession of a firearm or [
61 premises is a class A misdemeanor.
62 (4) This section does not apply if:
63 (a) the person is authorized to possess a firearm as provided under Section 53-5-704,
64 53-5-705, or 76-10-511[
66 (b) the possession is approved by the responsible school administrator;
67 (c) the item is present or to be used in connection with a lawful, approved activity and
68 is in the possession or under the control of the person responsible for its possession or use; or
69 (d) the possession is:
70 (i) at the person's place of residence or on the person's property; or
71 (ii) in any vehicle lawfully under the person's control, other than a vehicle owned by
72 the school or used by the school to transport students.
73 (5) This section does not prohibit prosecution of a more serious weapons offense that
74 may occur on or about school premises.
75 Section 3. Section 76-10-523 is amended to read:
76 76-10-523. Persons exempt from weapons laws.
77 (1) Except for Sections 76-10-506, 76-10-508, and 76-10-508.1, this part and Title 53,
78 Chapter 5, Part 7, Concealed Firearm Act, do not apply to any of the following:
79 (a) a United States marshal;
80 (b) a federal official required to carry a firearm;
81 (c) a peace officer of this or any other jurisdiction;
82 (d) a law enforcement official as defined and qualified under Section 53-5-711;
83 (e) a judge as defined and qualified under Section 53-5-711; or
84 (f) a common carrier while engaged in the regular and ordinary transport of firearms as
86 (2) The provisions of Subsections 76-10-504(1) and (2), and Section 76-10-505 do not
87 apply to any person to whom a permit to carry a concealed firearm has been issued:
88 (a) pursuant to Section 53-5-704; or
89 (b) by another state or county.
90 (3) Except for Sections 76-10-503, 76-10-506, 76-10-508, and 76-10-508.1, this part
91 and Title 53, Chapter 5, Part 7, Concealed Firearm Act, do not apply to a nonresident traveling
92 in or though the state, provided that any firearm is:
93 (a) unloaded; and
94 (b) securely encased as defined in Section 76-10-501.
95 (4) Subsection 76-10-504(1) does not apply to a person 21 years of age or older who
96 may lawfully possess a firearm, as long as the firearm is not loaded.
Legislative Review Note
as of 2-20-15 12:52 PM
Office of Legislative Research and General Counsel